Database Search Result Details
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First Name
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Tina
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Last Name
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Dennison
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Decision Date
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6/23/2017
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Docket Number
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2017-0901-DVA
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ALJ
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LRB
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Respondent
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Department of Veterans Assistance and Division of Personnel
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Employment Type
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STATE
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Job Title
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Licensed Practical Nurse
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Topics
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Salary
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Primary Issues
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Whether Grievant’s hiring within the salary range of the posted classified position follows applicable policy, rule and law regarding reinstatement of a former State employee.
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Outcome
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Denied
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Statutes
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W. Va. Code § 29-6-10; W. Va. Code R. §143-1-5.8; W. Va. Code R § 143-1-3.75
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Related Cases
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Patton v. Consol. Pub. Retirement Bd., Docket No. 2010-0882-DOA (July 12, 2011); Toney v. W. Va. Dep't of Health & Human Res., Docket No. 93-HHR-460 (June 17, 1994); Lucas v. Dep't of Health & Human Res., Docket No. 07-HHR-141 (May 14, 2008)
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Keywords
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Salary Range; Job Posting; Pay Grade; Classification; Reinstatement
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant was previously employed with a different West Virginia State agency. Grievant asserts that she should be reinstated to employment in State government making the same salary she made when she voluntarily resigned from employment. Grievant was hired for a classified full-time permanent employee position within the salary range of the posted position. Grievant did not establish by a preponderance of the evidence that she is entitled to the salary she was making when she voluntarily resigned from State government nearly six years ago, nor at the salary she was making as a temporary employee. Grievant’s hiring within the salary range of the posted classified position follows applicable policy, rule and law regarding pay on reinstatement of a former State employee. The grievance is DENIED.
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